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Court of Appeal, having refused an application to allow the respondent’s son to appear on behalf of the respondent, awards the costs of the application to the plaintiff financial company, on the grounds that the fund was entirely successful in opposing the application, and no circumstance or aspect of the conduct of the motion, or any factor, arises that would persuade the court not to award the costs of the application to the successful party.
Court of Appeal – costs of the legal proceedings – application to appear on behalf of his father the respondent refused – provisional view as to costs was that they should be awarded to the fund – submissions on costs – alleged agreement that the costs would go to the costs of the appeal - no evidence has been adduced to support any such agreement – judge on directions hearing was simply reserving to this court any costs that may have arisen from the return date hearing before her – not appropriate to reserve the costs – power of attorney - cannot not be relied upon to confer any entitlement to costs -fund has been entirely successful – no circumstance or aspect of the conduct of the motion, or any factor arises hat would persuade this court to decide otherwise – costs awarded to the fund
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